Introduced Version






HOUSE BILL No. 1708

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-33-3.5.

Synopsis: Recording custodial interrogations. Requires state and local law enforcement agencies to electronically record custodial interrogations of suspects during murder investigations and other felony investigations conducted after June 30, 2006. Requires the agencies to retain copies of custodial interrogations for certain periods. Makes a violation of the custodial interrogation law: (1) a Class C infraction for a person's first violation of the law; and (2) a Class B infraction for a person's second or subsequent violation of the law.

Effective: July 1, 2005.





Day




    January 19, 2005, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 114th General Assembly (2005)


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HOUSE BILL No. 1708



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-33-3.5; (05)IN1708.1.1. -->     SECTION 1. IC 35-33-3.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]:
     Chapter 3.5. Recording of Custodial Interrogations
    Sec. 1. As used in this chapter, "custodial interrogation" means an interrogation conducted by a law enforcement agency during which:
        (1) a reasonable person being interrogated would consider himself or herself to be in custody; and
        (2) a question is asked that is reasonably likely to elicit an incriminating response from the person.
    Sec. 2. As used in this chapter, "electronically record" means to make a record of:
        (1) sounds by using audio electronic equipment; or
        (2) visual images and sounds by using video and audio electronic equipment.
    Sec. 3. As used in this chapter, "law enforcement agency" means

an agency or a department of any level of state or local government whose principal function is the apprehension of criminal offenders.
    Sec. 4. After June 30, 2006, a law enforcement agency shall electronically record all custodial interrogations:
        (1) of suspects involved in:
            (A) murder investigations; or
            (B) investigations of any other felony; and
        (2) that occur at:
            (A) a law enforcement agency station house; or
            (B) any other building owned or operated by the law enforcement agency;
        at which persons are detained in connection with criminal investigations.
    Sec. 5. A law enforcement agency shall retain a copy of a custodial interrogation of a person electronically recorded under this chapter until:

         (1) if the person is convicted of murder or another felony related to the custodial interrogation, the:
            (A) person's conviction is final; and
            (B) person has exhausted all direct and habeas corpus appeals related to the conviction; or
        (2) a prosecution of the person for murder or another felony related to the custodial interrogation is barred by law.

     Sec. 6. (a) A custodial interrogation electronically recorded under this chapter is:
        (1) confidential; and
        (2) exempt from disclosure under IC 5-14-3.
    (b) This section does not preclude:
        (1) the state or a defendant in a criminal action from obtaining a copy of a custodial interrogation electronically recorded under this chapter for use in:
            (A) a criminal action; or
            (B) an appeal related to the criminal action; or
        (2) a party in a civil suit from obtaining a copy of a custodial interrogation electronically recorded under this chapter for use in:
            (A) a civil suit; or
            (B) an appeal related to the civil suit.
    Sec. 7. A person who violates this chapter commits a Class C infraction.
However, the violation is a Class B infraction if the person has a prior unrelated judgment for violating this chapter.